Re: [HumJanenge] Recent proceedings in SC suggest strong revival of judicial process

Dear All,

According to my opinion , we have a fundamental flaw in the system which is the assumption that we all want CHEAP justice. I for one want SPEEDY justice.  The British laid down the laws of justice fr all and therefore court fees etc were kept to a tiny amount. ( I paid Rs. 4500/- last time for a case worth potentially crores.)

Now add to this the flawed system wherein a judge is given 40+ cases to dispose. This means that he needs to familiarize himself with 40+ dockets before he arrives at the courtroom. 90% of the time the case is adjourned to another day for some minor technicality etc. This means his study ( if done) is a waste. Next date is a few weeks if not months away. So out of sight out of mind. Next day another 40+ dockets , etc ad infinitum.

Now add the fact that the judges get rotated every once in a while and we have a case where a new judge comes in to sit on a case where all he has to go on are sketchy notes. And the mess continues.

What should be done are following urgent steps:

1)  Setup deluxe fast track courts where the judges TRY the cases and don't do menial tasks like checking documents to allow substituted services etc. The case only comes into the court when it is ready to try, till that time registrar does the background work.

2) These courts charge massive fees as court charges and that corpus used for things like best infrastructure for judges, astronomical high salaries , etc Make the judges job a prestige one again.

3) Judge only has 2 cases on his calendar per day.   

The list goes on, suffice to say, things need to change and fast.

Regards

Indipatriot

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From: Victor Cooper <victor99cooper@yahoo.com>
To: humjanenge@googlegroups.com
Sent: Saturday, 12 March 2011 5:44 AM
Subject: Re: [HumJanenge] Recent proceedings in SC suggest strong revival of judicial process

The writer is not an advocate.  He, however, writes from personal experience of about 15 court battles and horror stories of other litigants and media reports.  For a government that is serious, all the suggestions given below would be easily implementable. 1.  Some decades ago, the Law Commission had recommended that the number of judges be increased 3-fold for speedy and quality justice delivery system.  Today, that figure probably needs to be 5-fold.  To increase the number of judges, their retirement age should be increased to 70.  Retired judges should be recalled. 2.  To handle the short-term issue of shortage of courtrooms and infrastructure, the courts should have two sittings per day, from 8.00 to 12.00 and from 1.00 to 5.00.  The rest of the time should be utilised by the judges in writing judgements to speedily clear the backlog of pending cases. 3.  All courts should have audio-video recording of proceedings. 4.  The Evidence Act should be amended to make it neutral, instead of being strongly in favour of the accused.  The Advocates Act should be suitably amended to make members responsible professionals.  The Judges Protection Act should be repealed, and instead a committee of 3 retired judges should vet complaints against them.  The HCs and SC should have powers to sumarily dismiss errant judges and delete their salaries, benifits. The Single Point Directive should be repealed. The IPC, CrPC and CPC should be suitably amended to bring these in line with the needs of a democracy, to enhance punishments-disgorgements, etc. to give them deterrence value.  The concept of costs and compensations allowed by the courts should be made relevant to modern day realities; the costs awarded against government and its agents, Corporates should be exemplary:  minimum 1,0 lac  for trial courts, 3.0 lac for HC & 7.5 lac for SC.  Compensations awarded should be 10 - 100 times the value to adjust for the element of the harrassment the complainant has to undergo to bring prosecution to conclusion (and interest rates allowed by courts should be in line with those charged by banks on credit cards and personal loans. I am sure other members will have a list of many more suggestions. Regards Victor --- On Thu, 3/10/11, Sant Mathur <santmathur@gmail.com> wrote: From: Sant Mathur <santmathur@gmail.com> Subject: Re: [HumJanenge] Recent proceedings in SC suggest strong revival of judicial process To: humjanenge@googlegroups.com Date: Thursday, March 10, 2011, 1:35 AM Pl write down your suggestions in a crisp manner.Also apply at your own level feasibility component for implementation and then the crystallised syggestions be given to me to be followed up at the right levels. Pl rest assure any and every good suggestion would find favour in implementation. Should you need to consult some legal hand before finalising the suggestions pl do so unhesitatingly and quickly. Its we the people who need to have to bring about requisite transformation in the governance of OUR COUNTRY. spm 919841282324 --- On Thu, 3/10/11, Sant Mathur <santmathur@gmail.com> wrote: From: Sant Mathur <santmathur@gmail.com> Subject: Re: [HumJanenge] Recent proceedings in SC suggest strong revival of judicial process To: humjanenge@googlegroups.com Date: Thursday, March 10, 2011, 1:35 AM Pl write down your suggestions in a crisp manner.Also apply at your own level feasibility component for implementation and then the crystallised syggestions be given to me to be followed up at the right levels. Pl rest assure any and every good suggestion would find favour in implementation. Should you need to consult some legal hand before finalising the suggestions pl do so unhesitatingly and quickly. Its we the people who need to have to bring about requisite transformation in the governance of OUR COUNTRY. spm 919841282324   On Fri, Mar 4, 2011 at 3:37 PM, Victor Cooper <victor99cooper@yahoo.com> wrote: Of late the SC has been unrelenting in matters concerning corruption in high places, be it CVC, CWG, 2G, Khan, police reforms, etc., and is personally supervising and demanding appropriate affirmative action from the executive to bring the errant to book. To witness such assertiveness from the highest judiciary gives a ray of hope to the average citizen, long ravaged by hunger, absence of roof-eduction-medical attention-effective justice-mal/mis administration at the hands of those who are at "service of the nation", the babus, and the well connected. Having said that, one, however, hopes that the H'onble SC will go the whole hog and muster every legal provision available to it to see that the errant fence behaves, and that it gets the message that to eat up the crop would prove to be costly .... certainly several time the acquisition cost. As an example, Mr. Maddof of USA was recently tried and sentenced to imprisonment for 150 years without any chance for payroll.  Mr. Maddof only ripped off a few very wealthy, and he was sentenced in jail for life. And he wasnt even the fence. The errant in CWG, 2G, Khan, etc., on the other hand, have stolen from hundreds of millions of the poorest of the poor of the world, many of whose children go to bed hungry at night.  Should the errant fence get anything less? This writer is not an advocate.  He, however, wishes to share an opinion that should the errant fence be convicted in criminal proceedings that require strict proof of guilt but where the penalties are meager, the H'onble justices should call the errant fence to account for TORTS and impose penal damages that are several times the cost of acquisition. At another level, it would be appropriate if an order that makes it settled law that costs and damages awarded against the rich and powerful, such as the central and state governments, their agents and Public and Private Limited corporates, offer a strong deterrence to wrongdoing.  Perhaps, 50,000 for trial courts; 150,000 for HC level; 500,000 for SC, and punitive/restitutionary damages  of maybe 5 - 100 times. And, of course, it would be wholesome if the H'onble SC also directed the executive to honour the Law Commission recommendations of many years ago to increase the number of judges many-fold and to provide adequate budget and appropriate infrastructure to the courts to provide speedy and quality justice to the nation. Regards, Victor